Question:
wrongful termination of employee?
Ndreams
2011-12-20 19:40:04 UTC
I've been injured in the company i was working in. My doctor sent a note to the company that I can only do light jobs. However, since my leg was still in pain, I did not go to work for 4 days. My doctor said I had the right to not show up while feeling a severe pain as long as I call to work. I was never given my supervisor's contact number, so I asked my coworker what the supervisor's number is. The supervisor did not answers so left him a voice message for two days before work starts. I called another coworker the next day and he gave me a different # for the supervisor's cp and told me to call that #, and when I did, the supervisor answered. When I told him my name, he immediately hung up. When I came back to work after 4 days, I was terminated by the HR for no showing without calling. I insisted that I called the supervisor so many times before work starts. Apparently, the supervisor is using the second cell phone number I got. What's worst about it is that my supervisor denied that I ever called him and said that he never did he hung up on me. Is this termination unjust?

The reason of my injury @ work: It was raining so the grassfields would be really slippery but the supervisor still asked to have the job done of transferring a large item using a dolly. My left leg's muscle was sprained while pushing the dolly because I slipped and the leg took the force.
Three answers:
lcr000
2011-12-21 03:27:30 UTC
remember this a Dr gives advice nothing he says has any legal merit, you failed to call your supervisor per policy and you now know the consequences or failing to call the right person and listening to the Dr.
USMC Vet Daughter
2011-12-21 03:59:34 UTC
No. First of all, your doctor gave you the wrong advice. He has no way to know what the company policies are. You say this happened at work, but did you fill out an OSHA report? Did you put is a workman's compensation claim for approval for the 4 days off? As for not calling, not having your supervisor's number is no excuse. You should have either called a main switchboard for the company, emailed your boss, called your HR dept., or had someone stop by to give the information. By simply not showing up (you may have called him after 2 days, but by then they likely made the decision to fire you and were waiting for you to show up in person) they had reason to fire you.



FYI-without a contract, employment is At Will which means you an be fired for anything. In your case, you gave them a valid reason.
raina_vissora
2011-12-21 03:54:52 UTC
The fact is that you *were* no-show-no-call the first day... just because you were given an out of date number by a co-worker, and left voice mails that no one ever confirmed getting, doesn't mean you can just not show up. It it your responsibility to know the procedure to follow when calling in sick, and what the current number to call is.



So yeah, your supervisor is a dick, but it's your own fault you were fired.


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